Subdivision 1. Definition. For purposes of this section, "health care provider" means a physician, surgeon, dentist, or other health care professional or hospital, including all persons or entities providing health care as defined in section 145.61, subdivisions 2 and 4, or a certified health care professional employed by or providing services as an independent contractor in a hospital.
Subd. 2. Requirement. In an action alleging malpractice, error, mistake, or failure to cure, whether based on contract or tort, against a health care provider which includes a cause of action as to which expert testimony is necessary to establish a prima facie case, the plaintiff must: (1) unless otherwise provided in subdivision 3, clause (2), serve upon defendant with the summons and complaint an affidavit as provided in subdivision 3; and (2) serve upon defendant within 180 days after commencement of discovery under the Rules of Civil Procedure, rule 26.04(a) an affidavit as provided by subdivision 4.
Subd. 3. Affidavit of expert review. The affidavit required by subdivision 2, clause (1), must be by the plaintiff's attorney and state that:
(1) the facts of the case have been reviewed by the plaintiff's attorney with an expert whose qualifications provide a reasonable expectation that the expert's opinions could be admissible at trial and that, in the opinion of this expert, one or more defendants deviated from the applicable standard of care and by that action caused injury to the plaintiff; or
(2) the expert review required by clause (1) could not reasonably be obtained before the action was commenced because of the applicable statute of limitations. If an affidavit is executed pursuant to this paragraph, the affidavit in clause (1) must be served on defendant or the defendant's counsel within 90 days after service of the summons and complaint.
Subd. 4. Identification of experts to be called. (a) The affidavit required by subdivision 2, clause (2), must be signed by each expert listed in the affidavit and by the plaintiff's attorney and state the identity of each person whom plaintiff expects to call as an expert witness at trial to testify with respect to the issues of malpractice or causation, the substance of the facts and opinions to which the expert is expected to testify, and a summary of the grounds for each opinion. Answers to interrogatories that state the information required by this subdivision satisfy the requirements of this subdivision if they are signed by the plaintiff's attorney and by each expert listed in the answers to interrogatories and served upon the defendant within 180 days after commencement of discovery under the Rules of Civil Procedure, rule 26.04(a).
(b) The parties or the court for good cause shown, may by agreement, provide for extensions of the time limits specified in subdivision 2, 3, or this subdivision. Nothing in this subdivision may be construed to prevent either party from calling additional expert witnesses or substituting other expert witnesses.
(c) In any action alleging medical malpractice, all expert interrogatory answers must be signed by the attorney for the party responding to the interrogatory and by each expert listed in the answers. The court shall include in a scheduling order a deadline prior to the close of discovery for all parties to answer expert interrogatories for all experts to be called at trial. No additional experts may be called by any party without agreement of the parties or by leave of the court for good cause shown.
Subd. 5. Responsibilities of plaintiff as attorney. If the plaintiff is acting pro se, the plaintiff shall sign the affidavit or answers to interrogatories referred to in this section and is bound by those provisions as if represented by an attorney.
Subd. 6. Penalty for noncompliance. (a) Failure to comply with subdivision 2, clause (1), within 60 days after demand for the affidavit results, upon motion, in mandatory dismissal with prejudice of each cause of action as to which expert testimony is necessary to establish a prima facie case.
(b) Failure to comply with subdivision 2, clause (2), results, upon motion, in mandatory dismissal with prejudice of each cause of action as to which expert testimony is necessary to establish a prima facie case.
(c) Failure to comply with subdivision 4 because of deficiencies in the affidavit or answers to interrogatories results, upon motion, in mandatory dismissal with prejudice of each action as to which expert testimony is necessary to establish a prima facie case, provided that:
(1) the motion to dismiss the action identifies the claimed deficiencies in the affidavit or answers to interrogatories;
(2) the time for hearing the motion is at least 45 days from the date of service of the motion; and
(3) before the hearing on the motion, the plaintiff does not serve upon the defendant an amended affidavit or answers to interrogatories that correct the claimed deficiencies.
Subd. 7. Consequences of signing affidavit. The signature of the plaintiff or the plaintiff's attorney constitutes a certification that the person has read the affidavit or answers to interrogatories, and that to the best of the person's knowledge, information, and belief formed after a reasonable inquiry, it is true, accurate, and made in good faith. A certification made in violation of this subdivision subjects the attorney or plaintiff responsible for such conduct to reasonable attorney's fees, costs, and disbursements.
1986 c 455 s 60; 1992 c 549 art 8 s 1; 2002 c 403 s 1; 2014 c 153 s 1,2
Structure Minnesota Statutes
Chapter 145 — Public Health Provisions
Section 145.075 — Injunctive Relief Brought By Commissioner.
Section 145.131 — Findings And Purpose.
Section 145.135 — Uniform Determination Of Death Act.
Section 145.161 — Dissection; When Permitted.
Section 145.1621 — Disposition Of Aborted Or Miscarried Fetuses.
Section 145.1622 — Policy For Notification Of Disposition Options.
Section 145.267 — Fetal Alcohol Spectrum Disorders Prevention Grants.
Section 145.30 — Superintendent Of Hospitals To Transfer Records.
Section 145.31 — Copies To Be Used As Evidence.
Section 145.32 — Old Records May Be Destroyed.
Section 145.33 — Construction.
Section 145.36 — Exposing Person With Contagious Disease.
Section 145.365 — Trafficking In Skunks.
Section 145.37 — Manufacture Of Certain Products Which May Be Injurious.
Section 145.41 — Blood Donations, Age Of Donor.
Section 145.411 — Regulation Of Abortions; Definitions.
Section 145.412 — Criminal Acts.
Section 145.413 — Recording And Reporting Health Data.
Section 145.4131 — Recording And Reporting Abortion Data.
Section 145.4132 — Recording And Reporting Abortion Complication Data.
Section 145.4133 — Reporting Out-of-state Abortions.
Section 145.4134 — Commissioner's Public Report.
Section 145.4135 — Enforcement; Penalties.
Section 145.4136 — Severability.
Section 145.414 — Abortion Not Mandatory.
Section 145.415 — Live Fetus After Abortion, Treatment.
Section 145.416 — Licensing And Regulation Of Facilities.
Section 145.42 — Abortions; Nonliability For Refusal To Perform.
Section 145.421 — Human Conceptus, Living; Definitions.
Section 145.422 — Experimentation, Research Or Sale.
Section 145.423 — Abortion; Live Births.
Section 145.4235 — Positive Abortion Alternatives.
Section 145.424 — Prohibition Of Tort Actions.
Section 145.4241 — Definitions.
Section 145.4242 — Informed Consent.
Section 145.4243 — Printed Information.
Section 145.4244 — Internet Website.
Section 145.4245 — Procedure In Case Of Medical Emergency.
Section 145.4246 — Reporting Requirements.
Section 145.4248 — Severability.
Section 145.4249 — Supreme Court Jurisdiction.
Section 145.425 — Pay Toilets In Public Places; Prohibitions; Penalty.
Section 145.471 — Prenatal Trisomy Diagnosis Awareness Act.
Section 145.4711 — Definitions.
Section 145.4712 — Emergency Care To Sexual Assault Victims.
Section 145.4713 — Complaints.
Section 145.4715 — Reporting Prevalence Of Sexual Violence.
Section 145.4716 — Safe Harbor For Sexually Exploited Youth.
Section 145.4717 — Regional Navigator Grants.
Section 145.4718 — Program Evaluation.
Section 145.56 — Suicide Prevention.
Section 145.62 — Providing Information To Review Organization; Immunity.
Section 145.63 — Review Organization; Advisory Capacity; Immunity.
Section 145.64 — Confidentiality Of Records Of Review Organization.
Section 145.65 — Guidelines Not Admissible In Evidence.
Section 145.66 — Penalty For Violation.
Section 145.67 — Protection Of Patient.
Section 145.671 — Pediatric Vaccine Administration.
Section 145.672 — Healthy Children Through Immunization.
Section 145.682 — Certification Of Expert Review; Affidavit.
Section 145.698 — Confinement Of Drug Dependent Person.
Section 145.711 — Definitions.
Section 145.712 — Requirements For Contact Lenses Prescriptions.
Section 145.713 — Optometrist And Physician Practices.
Section 145.7131 — Exception To Eyeglass Prescription Expiration.
Section 145.714 — Enforcement.
Section 145.851 — Definitions.
Section 145.852 — Identifying Devices For Persons Having Certain Conditions.
Section 145.853 — Duty Of Law Enforcement Officer.
Section 145.854 — Duty Of Medical Practitioners.
Section 145.855 — Duty Of Others.
Section 145.856 — Falsifying Identification Or Misrepresenting Condition; Penalty.
Section 145.857 — Other Duties.
Section 145.867 — Persons Requiring Special Diets.
Section 145.87 — Home Visiting For Pregnant Women And Families With Young Children.
Section 145.8811 — Maternal And Child Health Advisory Task Force.
Section 145.882 — Maternal And Child Health Block Grant Distribution.
Section 145.8821 — Accountability.
Section 145.883 — Definitions.
Section 145.892 — Definitions.
Section 145.893 — Nutritional Supplement Program.
Section 145.894 — State Commissioner Of Health; Duties, Responsibilities.
Section 145.895 — Department Of Human Services.
Section 145.896 — Program Not A Substitute Or Replacement.
Section 145.897 — Food Benefits.
Section 145.898 — Sudden Infant Death.
Section 145.899 — Wic Food Benefits For Organics.
Section 145.901 — Maternal Death Studies.
Section 145.902 — Give Life A Chance; Safe Place For Newborns Duties; Immunity.
Section 145.905 — Location For Breastfeeding.
Section 145.906 — Postpartum Depression Education And Information.
Section 145.907 — Maternal Depression; Definition.
Section 145.924 — Aids Prevention Grants.
Section 145.925 — Family Planning Grants.
Section 145.9255 — Minnesota Education Now And Babies Later; Health.
Section 145.9261 — Abstinence Education Grant Program.
Section 145.9265 — Fetal Alcohol Syndrome Effects; Drug-exposed Infant.
Section 145.9266 — Fetal Alcohol Syndrome Campaign And Education.
Section 145.9268 — Community Clinic Grants.
Section 145.9269 — Federally Qualified Health Centers.
Section 145.928 — Eliminating Health Disparities.
Section 145.929 — Health Care Grants For The Uninsured.
Section 145.93 — Minnesota Poison Information Centers; Establishment.
Section 145.94 — Exposure To Hazardous Substance.
Section 145.945 — Certain Sales Of Cleaning Products Prohibited.
Section 145.951 — Implementation Plan; Statewide Program For Families.
Section 145.952 — Definitions.
Section 145.953 — Program Structure.
Section 145.954 — Standards For Program.
Section 145.955 — Duties Of Local Organization.
Section 145.956 — Training And Recruitment Of Volunteers.
Section 145.957 — Eligibility.
Section 145.958 — Youth Violence Prevention.